ITALY.

The victorious campaigns of Napoleon in 1796 and 1797 constituted the starting-point of a series of political revolutions in Italy which ended in the successive annexation of all the parts of Italy to the Kingdom of Sardinia and the formation of the Kingdom of Italy in 1861. From 1797 to 1849 there were 23 constitutions or statutes in force in Italy. Of all of these the Statuto fondamentale of the Kingdom of Sardinia of 4 March 1848 was the only one to survive and it still forms the Constitution of the Kingdom of Italy. This Statute, promised by King Charles Albert in a famous proclamation of 18 February 1848, was published the following month and was put into force in the annexed territories by successive decrees.1 Many of the provisions of this Statute have fallen into disuse, although not expressly repealed. In this number are generally classed Articles 1, 28 (Paragraph 2), 53, 62 (Paragraph 2), 76, 77 and 80. A Law of 17 March 1861 conferred on Victor Emmanuel II and his successors the title of King of Italy, and a Law of 3 February 1871 transferred the capital of the Kingdom to Rome. The position of the Holy See is governed by the Law of 13 May 1871, called the "Law of Guarantees," which was declared to be a fundamental law of the Kingdom by the Council of State (2 March 1878). Nevertheless, since the Holy See has not ceased to protest against the annexation of the Papal States, this law has remained the unilateral work of the Italian government.2

FUNDAMENTAL STATUTE OF 4 MARCH 1848.3

[PREAMBLE.]

We, Charles Albert, by the Grace of God, King of Sardinia, Cyprus and Jerusalem, Duke of Savoy, Genoa, etc., etc., Prince of Piedmont,

1 Lombardy, decree of 7 December 1859; Emilia, decree of 18 March 1860 and law of 15 April 1860; Tuscany, decree of 22 March and law of 15 April 1860; Sicily, Marches, Umbria and Neapolitan Provinces, law of 17 December 1860; Province of Venice, decree of 28 July 1866; Roman Provinces, decree of 9 October and law of 31 December 1870.

2 This introductory paragraph is based upon F. R. DARESTE ET P. DARESTE, Les Consti tutions modernes (3d edition, Paris, 1910), vol. 1, pp. 672-674.

3 English translation in W. F.. DODD, Modern Constitutions (Chicago, 1909), vol. II, pp. 5-16, and by S. M. LINDSAY and L. S. RowE in the Supplement to the Annals of the American Academy of Political and Social Science, November, 1894 (Philadelphia, 1894). French translation in DARESTE, op. cit., pp. 674–685. German translation in PAUL POSENER, Die Staatsverfassungen des Erdballs (Charlottenburg, 1909), pp. 642-656. The translation given here is based on that in DODD.

etc., etc., etc., with the fidelity of a king and the affection of a father, are about today to fulfill all that we promised our most beloved subjects in our proclamation of the eighth of last February, whereby we desired to show, in the midst of the extraordinary events then transpiring throughout the country, how much our confidence in our subjects increased with the gravity of the situation, and how, consulting only the impulse of our heart, we had fully determined to make their condition conform to the spirit of the times and to the interests and dignity of the nation.

We, believing that the broad and permanent representative institutions established by this Fundamental Statute are the surest means of cementing the bonds of indissoluble affection that bind to our Italian crown a people that has so often given us ample proof of their faithfulness, obedience and love, have determined to sanction and promulgate this Statute, in the belief that God will bless our good intentions, and that this free, strong and happy nation will ever show itself more deserving of its ancient fame and thus merit a glorious future.

Therefore, we, with our full knowledge and royal authority and with the advice of our Council, have ordained and do hereby ordain and declare in force the fundamental perpetual and irrevocable Statute and law of the monarchy as follows.

ARTICLE 1. The Catholic, apostolic and Roman religion is the only religion of the State.1 Other cults now existing are tolerated, in conformity with the law.

ART. 2. The State is governed by a representative monarchical government. The throne is hereditary according to the Salic Law.2 ART. 3. The legislative power shall be exercised collectively by the King and two houses, the Senate and the Chamber of Deputies.3 ART. 4. The person of the King is sacred and inviolable. ART. 5. To the King alone belongs the executive power. He is the supreme head of the State; commands all land and naval forces; declares war; makes treaties of peace, alliance, commerce and other treaties, communicating them to the houses as soon as the interest and security of the State permit, accompanying such notice with opportune explanations. Treaties involving financial obligations or alterations of the territory of the State shall not take effect until after they have received the approval of the houses.

ART. 6. The King appoints to all of the offices of the State, and makes the necessary decrees and regulations for the execution of the laws, without suspending their execution or granting exemptions.

1 See below, the Law of 13 May 1871. The Law of 19 June 1848 reads as follows: "Difference of religion shall entail no distinction as regards the enjoyment of civil and political rights and eligibility to civil and military positions."

2 Law of 2 July 1890 on the status of the royal family.

In case of political necessity, the Italian government frequently takes legislative measures by means of law decrees, and this procedure is considered justified by the commentators on this Statute.

ART. 7. The King alone approves and promulgates the laws. ART. 8. The King may grant pardons and commute sentences.1 ART. 9. The King convokes the two houses every year. He may prorogue their sessions and dissolve the Chamber of Deputies, but in the latter case he shall convoke another within a period of four months.

ART. 10. The initiative in legislation shall belong both to the King and to each of the two houses. All bills, however, levying imposts or contributions or approving the budgets or accounts of the State shall first be presented to the Chamber of Deputies.

ART. 11. The King attains his majority upon the completion of his

18th year.

ART. 12. During the King's minority, the prince who is his nearest relative in the order of succession to the throne, shall be regent of the Kingdom, provided he be 21 years of age.

ART. 13. Should the prince upon whom the regency devolves be still in his minority and this duty pass to a more distant relative, the regent who actually takes office shall continue in the regency until the King becomes of age.

ART. 14. In the absence of male relatives the regency shall devolve upon the Queen Mother.

ART. 15. In default also of a Queen Mother, the regent shall be elected by the legislative houses, convened within 10 days by the ministers.

ART. 16. The preceding provisions with reference to the regency are applicable in case the King who has attained his majority is physically incapable of reigning. Under such circumstances, if the heir presumptive to the throne be 18 years of age, he shall be regent of full right.

ART. 17. The Queen Mother shall be guardian of the King until he has completed his 7th year; from this time his guardianship shall pass into the hands of the regent.

ART. 18. All rights pertaining to the civil power in matters of ecclesiastical benefices and in the execution of all regulations whatsoever coming from foreign countries shall be exercised by the King."

ART. 19. The civil list of the Crown shall remain, during the present reign, at an amount equal to the average for the past 10 years.

The King shall continue to have the use of the royal palaces, villas and gardens and their appurtenances, and also of all chattels without distinction pertaining to the Crown, of which a speedy inventory shall be made by a responsible ministry.

1 The King also exercises the right of amnesty (Code of Penal Procedure, Art. 830). 2 The clause, 66 regulations from foreign countries," refers to papal decrees, ecclesiastical ordinances and orders; at the time of the adoption of this Statute Rome was foreign territory.

In future the above-mentioned civil list shall be fixed for the duration of each reign by the first legislature subsequent to the King's accession to the throne.1

ART. 20. The property which the King now possesses in his own right, together with that to which he may hereafter acquire title, either for a consideration or gratuitously in the course of his reign, shall form his private patrimony.

The King may dispose of his private patrimony either by acts during his life or by will, without being bound by the provisions of the civil law which limit the amount disposable. In all other cases, the King's patrimony shall be subject to the laws that govern other property.

ART. 21. The law shall provide an annual civil list for the hereditary prince when he has attained his majority, and even earlier in case of his marriage; for the allowances to the princes of the royal family and of royal blood, under the above-mentioned conditions; for the dowries of the princesses and for the dowries of the queens.

ART. 22. Upon ascending the throne, the King, in the presence of the houses, in joint session, shall take the oath to observe faithfully the present Statute.

ART. 23. The regent, before entering on the duties of that office, shall take the oath to be faithful to the King and to observe faithfully this Statute and the laws of the State.

THE RIGHTS AND DUTIES OF CITIZENS.

ART. 24. All inhabitants of the Kingdom, whatever their rank or title, are equal before the law.

All shall equally enjoy civil and political rights and shall be eligible to civil and military office, except as otherwise provided by law.

ART. 25. All shall contribute without distinction to the burdens of the State, in proportion to their possessions.

ART. 26. Individual liberty is guaranteed.

No one shall be arrested or brought to trial except in the cases provided by law and in the forms which it prescribes.

ART. 27. The domicile is inviolable. No domiciliary search shall take place except by virtue of law and in the forms which it prescribes. ART. 28. The press shall be free, but the law may suppress abuses of this freedom.3

1 At present the civil list has been fixed at 16,050,000 lire.

2 Law of 17 May 1906 on naturalization.

Edict of 26 March 1848, amended by many later laws.